Time Marches On ...
It has been nearly four months since my first post. In that time, I wrote to my Congressman asking him to check with the Department of Veterans Affairs to determine when I can expect a decision. Once again, he allowed them to lie to us both, as they indicated that they had just one more step to complete (have an Administrative Law Judge review the Board Findings and Ruling) ... cannot imagine that one step taking four months, can you?
In the mean time, my daughter continues to struggle through college without the assistance that I believe she deserves, and they actually reduced my VA disability because all of my kids are now too old to count ...
22 January 2010
30 September 2009
Welcome to my blog!
I want to welcome you to the first edition of my blog. My name is Mark Thomas Anderson.
First, my credentials - I am a retired Army officer with service in the Army National Guard, Active Army, and Army Reserve. I was an elected official in Alabama, serving as the Secretary, Calhoun County Republican Executive Committee for two terms. I spent a year as a legislative assistant for a member of the US House of Representatives and am one of the people responsible for working the phase-in of disability payments against the concurrent receipt law - much of the credit for this goes to Republicans - yes, Republicans - JC Watts and my former boss, Robert R. "Bob" Riley, now Governor of Alabama. Both are Godly men and live by the golden rule. For the past twelve years I worked for the US Army as a civilian manager.
Second, nothing I say here is an official Army position - these are my personal opinions, protected speech under the 1st Amendment to our Constitution.
I am also a compensibly Disabled Veteran. I received a rating of 0% in 1993 which was increased to 30% on appeal in 1994. My condition deteriorated and I applied for an increase in June 1997. I got no reply, so I reapplied in 2001 when I was able to confirm that they lost my 1997 claim (I still have the certified return receipt). I was denied in 2002 for missing a Compensation and Pension appointment even though I followed their instructions to the letter. I reapplied in 2005 and filed a claim for clear and unmistakable error at that time. The Department of Veterans Affairs increased my rating to 50% in April 2006 and I appealed 7 issues in May 2006, to include denail of the clear and unmistakable error. It took until September 2008 to get before the Board of Veterans Appeals, and the file had some outright lies/errors in it, violating my right to due process. As of today, I still do not have a decision - over 12 years after I started.
Third, let me lay out my statement of objectives. I will consider this blog a success when:
A. The Department of Veterans Affairs ceases to violate the protected property interest of Veterans under the due process clause of the US Constitution. The metric for this is that the Congress must direct the Department of Veterans Affairs to establish time limits for benefits claims processing, to include appeals and preparation for the Court of Veterans Claims in keeping with the spirit of Cushman v. Shinseki, US Court of Appeals for the Federal Circuit, 2008-7129, 12 August 2009.
B. The Department of Veterans Affairs ceases to violate the protected property interest of Veterans under the due process clause of the US Constitution. The metric for this is that the Congress must direct the Department of Veterans Affairs to establish prompt payment of claims, with interest at the prevailing Treasury Bill rate after 12 months and penalty of 10% after two years.
C. The Department of Veterans Affairs ceases to demand forensic medical examinations where no forensic medical specialty exists. The metric for this is that the Congress must direct the Department of Veterans Affairs to automatically accept service connection for progressive diseases/conditions where the National Institutes of Health or other Nationally Recognized accrediting/governing body (e.g., American College of Rheumatology; American College of Orthopedic Surgeons) identifies conditions that have a reasonable expectation of emerging from a progressive illness or injury. This is consistent with 38 United States Code 1159 Section 3.303(b): and the Duty to Assist. For example, service connection at a later date, no matter how remote, should be presumed for hypertension if service connection is granted for diabetes. The Veteran should not be required to obtain a statement from a physician detailing etiology of the hypertension, as the risk factors associated with diabetes are well understood by the medical community at large.
Nothing less will work to transform the VA. There have been a number of task forces, studies, and VAIG reviews over the past thirty years. All - and I mean ALL OF THEM - have missed the fundamental issues:
1. Due process is being violated.
2. Congress has blocked us from seeking redress.
3. The only way to force the Department of Veterans Affairs to act is to set time limits on process and impose financial penalties on executives for failure to act.
Can you imagine the hue and cry if people had to wait ten to twenty years for their Social Security claims? Yet we Veterans patiently wait in line like we always have ...
Good luck to us all ...
First, my credentials - I am a retired Army officer with service in the Army National Guard, Active Army, and Army Reserve. I was an elected official in Alabama, serving as the Secretary, Calhoun County Republican Executive Committee for two terms. I spent a year as a legislative assistant for a member of the US House of Representatives and am one of the people responsible for working the phase-in of disability payments against the concurrent receipt law - much of the credit for this goes to Republicans - yes, Republicans - JC Watts and my former boss, Robert R. "Bob" Riley, now Governor of Alabama. Both are Godly men and live by the golden rule. For the past twelve years I worked for the US Army as a civilian manager.
Second, nothing I say here is an official Army position - these are my personal opinions, protected speech under the 1st Amendment to our Constitution.
I am also a compensibly Disabled Veteran. I received a rating of 0% in 1993 which was increased to 30% on appeal in 1994. My condition deteriorated and I applied for an increase in June 1997. I got no reply, so I reapplied in 2001 when I was able to confirm that they lost my 1997 claim (I still have the certified return receipt). I was denied in 2002 for missing a Compensation and Pension appointment even though I followed their instructions to the letter. I reapplied in 2005 and filed a claim for clear and unmistakable error at that time. The Department of Veterans Affairs increased my rating to 50% in April 2006 and I appealed 7 issues in May 2006, to include denail of the clear and unmistakable error. It took until September 2008 to get before the Board of Veterans Appeals, and the file had some outright lies/errors in it, violating my right to due process. As of today, I still do not have a decision - over 12 years after I started.
Third, let me lay out my statement of objectives. I will consider this blog a success when:
A. The Department of Veterans Affairs ceases to violate the protected property interest of Veterans under the due process clause of the US Constitution. The metric for this is that the Congress must direct the Department of Veterans Affairs to establish time limits for benefits claims processing, to include appeals and preparation for the Court of Veterans Claims in keeping with the spirit of Cushman v. Shinseki, US Court of Appeals for the Federal Circuit, 2008-7129, 12 August 2009.
B. The Department of Veterans Affairs ceases to violate the protected property interest of Veterans under the due process clause of the US Constitution. The metric for this is that the Congress must direct the Department of Veterans Affairs to establish prompt payment of claims, with interest at the prevailing Treasury Bill rate after 12 months and penalty of 10% after two years.
C. The Department of Veterans Affairs ceases to demand forensic medical examinations where no forensic medical specialty exists. The metric for this is that the Congress must direct the Department of Veterans Affairs to automatically accept service connection for progressive diseases/conditions where the National Institutes of Health or other Nationally Recognized accrediting/governing body (e.g., American College of Rheumatology; American College of Orthopedic Surgeons) identifies conditions that have a reasonable expectation of emerging from a progressive illness or injury. This is consistent with 38 United States Code 1159 Section 3.303(b): and the Duty to Assist. For example, service connection at a later date, no matter how remote, should be presumed for hypertension if service connection is granted for diabetes. The Veteran should not be required to obtain a statement from a physician detailing etiology of the hypertension, as the risk factors associated with diabetes are well understood by the medical community at large.
Nothing less will work to transform the VA. There have been a number of task forces, studies, and VAIG reviews over the past thirty years. All - and I mean ALL OF THEM - have missed the fundamental issues:
1. Due process is being violated.
2. Congress has blocked us from seeking redress.
3. The only way to force the Department of Veterans Affairs to act is to set time limits on process and impose financial penalties on executives for failure to act.
Can you imagine the hue and cry if people had to wait ten to twenty years for their Social Security claims? Yet we Veterans patiently wait in line like we always have ...
Good luck to us all ...
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